Sarah Torelli

The accused brought a motion for a stay of proceedings under section 11(b) of the Canadian Charter of Rights and Freedoms, alleging that the right to trial within a reasonable time had been violated.

The total delay from charge to anticipated trial conclusion was 951 days (31.26 months), exceeding the 18-month presumptive ceiling for provincial court matters.

The Crown argued that a substantial portion of the delay should be attributed to the defence due to late notice of the delay application and failure to raise the issue in a timely manner.

The court found that 448 days of delay should be attributed to the defence, resulting in net delay of 503 days (16.5 months), which fell below the presumptive ceiling.

The application was dismissed on its merits.

The court also addressed procedural violations of the Criminal Rules and Practice Direction but exercised discretion to permit the application to proceed rather than dismiss it summarily.

The appellant, Phillip Rodd, appealed a decision ordering the forfeiture of his firearms and a three-year weapons prohibition under s. 117.05(4) of the Criminal Code.

The appeal challenged the application judge’s findings on the basis of misapprehension of evidence, reliance on hearsay, and failure to consider the appellant’s circumstances.

The Superior Court of Justice found that the application judge properly considered all evidence, including hearsay, and applied the correct legal test.

The appeal was dismissed.